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(영문) 대전지방법원 2018.04.19 2017노987 (1)
사기등
Text

The defendant's appeal is dismissed.

Reasons

With respect to each fraud among the facts charged in the instant case by mistake of the gist of the grounds for appeal, in light of the following, the Defendant did not deceiving the victims and did not have any intent to commit fraud.

However, the court below found the defendant guilty of this part of the facts charged, which is erroneous in the misapprehension of facts.

In relation to the fraud against the victim H, it was true that the defendant received KRW 4 million in return for the forgery of the graduate certificate from the victim, but this did not receive the above money by stating that "the victim only graduated from the middle school, and if the victim is going to go to the public and going to the public as an assistant instructor, it is necessary to have a career certificate, etc.," and requesting the forgery of the graduate certificate from the Chinese high school, or that "the defendant would employ the victim as a letter if the party is elected to the Si Council," or that "the victim will be admitted to the beneficiary University located in Daejeon High School located in Daejeon Special Metropolitan City."

In relation to the fraud against the victim J, although the defendant made a statement to the victim and received money from the victim as stated in this part of the facts charged, the defendant actually prepared and submitted a complaint for the relevant lawsuit for the victim.

The punishment of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

Judgment

As to the assertion of mistake of facts, the Defendant also argued the above fact in the lower court.

The lower court, in light of the circumstances stated in its reasoning, found credibility in the victim’s statement.

In light of the above, the defendant's assertion is not accepted, and this part of the charges is convicted.

Examining the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law by mistake of facts as alleged by the defendant.

The defendant who committed fraud against the victim J.

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